Rights And The Common Good

International law has long been dominated by the State. But it has become apparent that this bias is unrealistic and untenable in the contemporary world as the rise of the notion of common goods challenges this dominance. These common goods – typically values (like human rights, rule of law, etc) or common domains (the environment, cultural heritage, space, etc) – speak to an emergent international community beyond the society of States and the attendant rights and obligations of non-State actors. This book details how three key areas of international law – human rights, culture and the environment – are pushing the boundaries in this field. Each category is of current and ongoing significance in legal and public discourse, as illustrated by the Syrian conflict (human rights and international humanitarian law), the destruction of mausoleums and manuscripts in Mali (cultural heritage), and the Deepwater Horizon oil spill (the environment). Each exemplifies the need to move beyond a State-focused idea of international law. This timely volume explores how the idea of common goods, in which rights and obligations extend to individuals, groups and the international community, offers one such avenue and reflects on its transformative impact on international law.

This is a provocative new book that examines the relationship between individual rights and social responsibilities. The book's thirty essays explore the foundations of communitarian thought as well as the implications of communitarian ideas for contemporary public and social policy. The essays also discuss how communities can be strengthened and consider how society can be more responsive to the needs of individuals and communities.

This central volume in the Collected Essays brings together John Finnis's wide-ranging contribution to central issues in political philosophy. The volume begins by examining the general theory of political community and social justice. It includes the powerful and well-known Maccabaean Lecture on Bills of Rights — a searching critique of Ronald Dworkin's moral-political arguments and conclusions, of the European Court of Human Rights' approach to fundamental rights, and of judicial review as a constitutional institution. It is followed by an equally searching analysis of Kant's thought on the intersection of law, right, and ethics. Other papers in the book's opening section include an early assessment of Rawls's A Theory of Justice, a radical re-interpretation of Aquinas on limited government and the significance of the private/public distinction, and a challenging paper on virtue and the constitution. The volume then focuses on central problems in modern political communities, including the achievement of justice in work and distribution; the practice of punishment; war and justice; the public control of euthanasia and abortion; and the nature of marriage and the common good. There are careful and vigorous critiques of Nietzsche on morality, Hart on punishment, Dworkin on the enforcement of morality and on euthanasia, Rawls on justice and law, Thomson on the woman's right to choose, Habermas on abortion, Nussbaum and Koppelman on same-sex relations, and Dummett and Weithman on open borders. The volume's previously unpublished papers include a foundational consideration of labour unions, a fresh statement of a new grounding for the morality of sex, a surprising reading of C.S. Lewis's Abolition of Man on contraception, and an introduction reviewing some of the remarkable changes in private and public morality over the past half-century.

The way that Americans understand their Constitution and wider legal tradition has been dominated in recent decades by two exhausted approaches: the originalism of conservatives and the “living constitutionalism” of progressives. Is it time to look for an alternative? Adrian Vermeule argues that the alternative has been there, buried in the American legal tradition, all along. He shows that US law was, from the founding, subsumed within the broad framework of the classical legal tradition, which conceives law as “a reasoned ordering to the common good.” In this view, law’s purpose is to promote the goods a flourishing political community requires: justice, peace, prosperity, and morality. He shows how this legacy has been lost, despite still being implicit within American public law, and convincingly argues for its recovery in the form of “common good constitutionalism.” This erudite and brilliantly original book is a vital intervention in America’s most significant contemporary legal debate while also being an enduring account of the true nature of law that will resonate for decades with scholars and students.

Arguing that in many cases the concept of the common good (as articulated in the communitarian perspective as developed by Amitai Etzioni) takes precedence over the concept of individual liberty, the author offers an argument on how to prioritize issues of the common good. The examination takes place primarily within the context of the national park system, with specific cases provided to illustrate the issues. Annotation copyrighted by Book News, Inc., Portland, OR

The Common Good and Christian Ethics rethinks the ancient tradition of the common good in a way that addresses contemporary social divisions, both urban and global. David Hollenbach draws on social analysis, moral philosophy, and theological ethics to chart new directions in both urban life and global society. He argues that the division between the middle class and the poor in major cities and the challenges of globalisation require a new commitment to the common good and that both believers and secular people must move towards new forms of solidarity.

Alex John London defends a conception of the common good that grounds a moral imperative with two requirements. The first is to promote research that enables key social institutions to effectively, efficiently and equitably safeguard the basic interests of individuals. The second is to ensure that research is organized as a voluntary scheme of social cooperation that respects its various contributors' moral claim to be treated as free and equal. Connecting research to the goals of a just social order grounds a framework for assessing and managing research risk that reconciles these requirements and justifies key oversight practices in non-paternalistic terms. The result is a new understanding of research ethics that resolves coordination problems that threaten these goals and provides credible assurance that the requirements of this imperative are being met.--

Robert B. Reich makes a powerful case for the expansion of America’s moral imagination. Rooting his argument in common sense and everyday reality, he demonstrates that a common good constitutes the very essence of any society or nation. Societies, he says, undergo virtuous cycles that reinforce the common good as well as vicious cycles that undermine it, one of which America has been experiencing for the past five decades. This process can and must be reversed. But first we need to weigh the moral obligations of citizenship and carefully consider how we relate to honor, shame, patriotism, truth, and the meaning of leadership. Powerful, urgent, and utterly vital, this is a heartfelt missive from one of our foremost political thinkers.